Process for Requesting Public Assistance Arbitrations through the Dispute Resolution Pilot Program (DRPP)

Effective August 16, 2013, and in conformity with § 1105 of the SANDY RECOVERY IMPROVEMENT ACT OF 2013 (SRIA), Public Law 113-2, as signed into law by President Obama on January 29, 2013, FEMA is providing arbitration of eligible Public Assistance (PA) disputes arising in the FEMA PA Program as a result of damages incurred due to Presidentially declared disasters declared on or after October 30, 2012, where the Applicant chooses to arbitrate in lieu of submitting a second appeal. This new arbitration program is designed to further recovery efforts by providing final adjudication through an independent, neutral panel of arbitrators of particular PA projects involving a dispute equal to or in excess of one million fifteen thousand dollars ($1,015,000.00).

For specific information on eligibility for this process, including filing deadlines, please see 44 C.F.R. § 206.210. The arbitration sponsor for the DRPP arbitrations is the United States Coast Guard Office of Administrative Law Judges (OALJ) which will provide the arbitration services through appointed panels of three Administrative Law Judges per arbitration case.

What to File:

When seeking arbitration, the Public Assistance applicant must file a FEMA Form 055-0-0-1, Request for Arbitration form within 15 days of receipt of the first appeal decision simultaneously with the grantee, the OALJ, and FEMA. See 44 C.F.R. § 206.210(f)(1). FEMA will provide a copy of the administrative record simultaneously to the OALJ, the applicant and the grantee. See 44 C.F.R. § 206.210(g). The State may choose to file a recommendation in support of, or in opposition to, the applicant’s Request for Arbitration. Such recommendation must be filed simultaneously with the OALJ, FEMA, and the applicant. See 44 C.F.R. § 206.210(h)(1). The applicant will provide a written statement of claim via electronic submission simultaneously to FEMA, the grantee, and the OALJ. See 44 C.F.R. § 206.210(h)(2). FEMA will simultaneously file its written response to the applicant’s statement of claim with the OALJ, the applicant, and the State. See 44 C.F.R. § 206.210 (h)(3).